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University of the Southwest Faculty & Staff Training

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1 University of the Southwest Faculty & Staff Training 2017-2018
Title IX University of the Southwest Faculty & Staff Training Welcome to the Title IX Faculty & Staff training for the University of the Southwest. This presentation will acquaint you with the importance of these various legislative acts, define essential terms related to these acts, and provide you with a course of action should you ever be a victim, witness or bystander of harassing behavior or inappropriate sexual conduct.

2 Objectives This presentation will provide an overview of:
Title IX and the associated Clery Act The behaviors that constitute unlawful sexual misconduct and create a hostile work and academic environment. The responsibilities of faculty, staff, and students for reporting sexual misconduct. Safe and positive options for bystander intervention as well as ways to reduce risk. The avenues available at to report sexual misconduct as well as to receive support.

3 The Clery Act The Clery Act is a federal law that governs the disclosure of campus security policies and crime statistics for institutions of higher learning. Each year, colleges and universities are required to report crimes that occur “on campus” and school safety policies in a published annual security report. USW’s report can be found at: The Clery Act also requires schools to send timely warnings to the school community when there are known risks to public safety on campus. Expanded in 2013 by the Campus SaVE Act, the Clery Act was broadened to address all incidents of sexual misconduct (i.e., sexual assault, domestic violence, dating violence and stalking). The Clery Act was named after Jeanne Clery, who was raped and murdered in her dorm room by a fellow student on April 5, Her parents championed the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act) in her memory. This Act is a federal law that requires colleges to report crimes that occur “on campus” and school safety policies. This information is available each year in an Annual Security Report (ASR), which can be found on your school’s website. The Clery Act also requires schools to send timely warnings to the school community when there are known risks to public safety on campus. The Clery Act also contains the Campus Sexual Assault Victim’s Bill of Rights, which requires colleges to disclose educational programming, campus disciplinary process, and victim rights regarding sexual violence complaints. The Clery Act was expanded in 2013 by the Campus SaVE Act, which broadened Clery requirements to address all incidents of sexual violence (sexual assault, domestic violence, dating violence and stalking.

4 Title IX There is significant overlap between the requirements of Title IX and the Clery Act; however, while the Clery Act is only relevant in higher education, Title IX also applies in K-12 settings. In the broadest sense, Title IX is a civil rights law that sought to end discrimination on the basis of gender in educational institutions. This includes sexual violence on college and university campuses. Title IX requires schools to “take immediate and effective steps to end sexual harassment and sexual violence” (Clery Center, 2017, para. 2). In 2011, enforcement under Title IX was clarified following the influential “Dear Colleague” letter by the Department of Education’s Office for Civil Rights.

5 Specifically, Title IX of the Education Amendments of 1972 to the Civil Rights Act of 1964 states that, “No person in the United States shall, on the basis of sex, be excluded from participation in, or denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal assistance.”

6 Title IX was the first comprehensive federal law to prohibit sex discrimination against students and employees of educational institutions. Title IX benefits both males and females, and is at the heart of efforts to create gender equitable schools. The law requires educational institutions to maintain policies, practices and programs that do not discriminate against anyone based on sex. Under this law, males and females are expected to receive fair and equal treatment in all arenas of public schooling: recruitment, admissions, educational programs and activities, course offerings and access, counseling, financial aid, employment assistance, facilities and housing, health and insurance benefits, marital and parental status, scholarships, sexual harassment, and athletics. Under Title IX, Congress can withhold federal funds from colleges or universities that allow sexual discrimination or fail to take appropriate measures in response to such discrimination.

7 Gender Discrimination Bullying or Intimidation
Prohibited Offences Sexual Misconduct Gender Discrimination Domestic Violence Dating Violence When Title IX is mentioned, most people think about women and athletics. However, Title IX is about so much more; it also covers acts that can impact educational opportunities for all, including sexual harassment, sexual assault, and intimate partner violence (dating and domestic violence). Bullying and intimidation as well as stalking are also covered under this umbrella. University of the Southwest (USW) is committed to the achievement and maintenance equal opportunity, inclusiveness, equitable treatment, and access to employment, education, and services for all individuals. As part of that commitment, USW strictly prohibits the offenses of: domestic violence, dating violence, sexual assault, sexual harassment, and stalking. The term sexual misconduct is an umbrella term used to encompass all such offenses. Sexual Assault Bullying or Intimidation Stalking Sexual Harassment

8 Gender Discrimination
Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on gender or gender-stereotyping, even if those acts do not involve conduct of a sexual nature Denied access or parity in opportunity related to admissions, housing and facilities, courses and educational activities, career guidance and counseling activities, financial aid, or athletics based upon gender Gender Discrimination Unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature Actions of a sexual nature that create discomfort, embarrassment or fear in another person Creation of a hostile work environment due to repeated harassment or a single, isolated incident, especially if physical in nature Sexual Harassment Pattern of abusive behaviors used to exert power and control over a partner or roommate Includes emotional, sexual, verbal or economic actions, or physical threats of violence Acts may include any behaviors that intimidate, isolate, manipulate, humiliate, coerce, frighten, blame or hurt someone Dating &/or Domestic Violence This slide provides definitions of each category of sexual misconduct protected under Title IX.

9 Sexual acts continued after a person has withdrawn his/her consent
Physical acts of rape, attempted rape, sexual touching, and/or sexual battery perpetrated against an individual without consent or who does not have the capacity to give knowing consent due to alcohol, drugs or disability Sexual acts continued after a person has withdrawn his/her consent Sexual Assault Pattern of unwanted conduct directed at another person that threatens or endangers the safety of another person Threats or endangerment of a physical nature, mental health, or personal property Threat or action that creates a reasonable fear in another person Stalking Any intentional electronic, written, verbal, or physical act or a series of acts directed at another student or group of students that is severe, persistent, or pervasive and has the intended effect of substantially interfering with a student’s education, creating a threatening environment, or disrupting the orderly operation of USW Intimidation includes any verbal, written, or electronic threats of violence or other threatening behavior directed toward another person or group that reasonably leads the person(s) to fear for his/her physical well-being Retaliation against a complainant for the assertion of rights under Title IX Bullying or Intimidation This slide provides definitions of each category of sexual misconduct protected under Title IX. Both bullying and intimidation are prohibited at the University of the Southwest and participating in such acts will result in disciplinary action. Anyone who attempts to use bullying or intimidation to retaliate against someone who reports an incident, brings a complaint, or participates in an investigation in an attempt to influence the judicial process will be in violation and will be subject to disciplinary action.

10 USW Title IX Policy University of the Southwest is an institution built upon integrity, trust, respect, support, and acts of service. In line with these values, USW is committed to providing a safe and non-discriminatory academic, athletic and work environment for all members of its campus community. USW does not discriminate on the basis of sex or gender in any of its programs or activities. To that end, this policy strictly prohibits gender discrimination, sexual harassment, bullying and intimidation and the crimes of domestic violence, sexual assault, and stalking as defined under New Mexico state law (N.M. Code Ann. § 30) and Title IX of the Education Amendments of 1972. University of the Southwest is an institution built upon integrity, trust, respect, support, and acts of service. In line with these values, USW is committed to providing a safe and non-discriminatory academic, athletic and work environment for all members of its campus community. USW does not discriminate on the basis of sex or gender in any of its programs or activities. To that end, this policy strictly prohibits gender discrimination, sexual harassment, bullying and intimidation and the crimes of domestic violence, sexual assault, and stalking as defined under New Mexico state law (N.M. Code Ann. § 30) and Title IX of the Education Amendments of 1972. Such prohibited behavior also requires the University to fulfill certain obligations under the Violence Against Women Reauthorization Act of 2013 (“VAWA”) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”). The University prohibits Sexual Assault, Sexual Exploitation, Intimate Partner Violence, Stalking, Sexual or Gender-Based Harassment, Complicity in the commission of any act prohibited by this policy, and Retaliation against a person for the good faith reporting of any of these forms of conduct or participation in any investigation or proceeding under this policy (collectively, “Prohibited Conduct”). These forms of Prohibited Conduct are unlawful, undermine the character and purpose of the University, and will not be tolerated.

11 USW Title IX Policy Prevention Community Campus Culture
USW adopts this policy with a commitment to: Eliminating, preventing, and addressing the effects of sexual misconduct Prevention Fostering a community of trust and respect, in which sexual misconduct is not tolerated Community Cultivating a climate where all individuals are well-informed and supported in reporting sexual misconduct Campus Culture Providing a fair, impartial and judicious process for all parties Judicial Process Identifying the standards by which violations of this policy will be evaluated and disciplinary action may be imposed Disciplinary Action USW adopts this policy with a commitment to: eliminating, preventing, and addressing the effects of sexual misconduct; fostering a community of trust, in which sexual misconduct is not tolerated; cultivating a climate where all individuals are well-informed and supported in reporting sexual misconduct; providing a fair, impartial and judicious process for all parties; and identifying the standards by which violations of this policy will be evaluated and disciplinary action may be imposed. Employees or Students who violate this policy may face disciplinary action up to and including termination or expulsion. The University will take prompt and equitable action to eliminate sexual misconduct, prevent its recurrence, and remedy its effects.

12 Sanctions For students, this may include: Fines Community service
Schedule changes Game suspension Extracurricular activities suspension Removal from athletic team(s) Removal from residence Suspension Expulsion For employees, this may include: Written reprimand in employee file Removal from certain duties Plan for improvement Placed on probation for a specified period in time Termination All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. USW believes in a zero-tolerance policy for gender-based misconduct. When an allegation of misconduct is brought to an appropriate administrator’s attention, and a respondent is found to have violated this policy, serious sanctions will be used to reasonably ensure that such actions are never repeated.

13 Responding to Sexual Discrimination
What Should You Do? Responding to Sexual Discrimination You have several roles at USW. Of course, your primary role is that of a student or employee. However, in your time here, a student may also be a friend, a roommate, a leader, an athlete, a role model, a club or an employee, and a staff or faculty member may also be a teacher, a supervisor, a parent, a mentor, a coach, a counselor, and a confidante. At times, some of these roles may overlap and lines can become blurry. Nevertheless, regardless of role or relationship, both students and employees have the responsibility to report information about sexual misconduct. Keep in mind, all students, staff and faculty are representatives of the University, making each of us a role model with a duty to lead, help and serve others.

14 Reporting If you have been victimized or learn about victimization: PLEASE It is your responsibility to report an incident of sexual discrimination, harassment, or violence if you have been told about it. Tell the Title IX Coordinator, Title IX Liaison, University Counselor, Housing Director or any responsible employee!

15 Your Title IX Support Team
Title IX Coordinator Title IX Liaison Dr. Jenelle Job Mrs. Erin Rosine FAS MTL-114 Office | Office | | | Individuals with questions, concerns or who wish to file a complaint related to sex discrimination, sexual harassment, or sexual violence may contact the University’s Title IX Coordinator or Liaison. There is also a list of campus and community contacts available on our website.

16 Responsible Employees
Responsible employees have an obligation to report all incidences of sexual misconduct to the Title IX Coordinator. A “responsible employee” is ANY university employee including resident advisors, graduate assistants, and teaching assistants with the exception of: Licensed medical, clinical or mental-health professionals when acting in that professional role in the provision of services Mr. Brian Arnold, University Counselor…….YES! Clergy (ONLY if part of his/her job description) Dr. Danny Kirkpatrick, Campus Pastor……..NO! OCR deems an institution to have notice of student-on-student sexual harassment and/or misconduct if a “responsible employee” knew, or in the exercise of reasonable care should have known, that harassment/misconduct occurred.  A responsible employee is defined as one who has the authority to take action, has the duty to report to the right person and is someone a student could reasonably believe has the authority to take action. Deliberate indifference occurs when a university receives actual or constructive notice of a potential violation and it fails to act. Responsible employees also have the initial obligation to report incidents of sexual harassment/misconduct to the Title IX coordinator. This means that Dr. Elyn Palmer, Dr. Carol Brennan and myself are not excluded from reporting even though we are licensed mental health professionals because the provision of clinical services is not a part of our job descriptions at USW. Regardless of the exceptions, USW’s position is that ALL employees will encourage students and/or colleagues to make official reports of sexual misconduct to the Title IX Coordinator.

17 Witness or Informed Person
How Should I Act? Victim TELL SOMEONE! If off campus, call and/or seek medical attention (for all incidences of sexual violence) If on campus, call Campus Security Do not feel embarrassed, ashamed, fearful or at fault Write a detailed statement as soon after the incident as possible Report the incident to the Title IX Coordinator See the University Counselor for support and/or resources Witness or Informed Person Do not judge the victim Listen closely Acknowledge how the victim feels Encourage the victim to officially report the incident Report what you were told to the Title IX Coordinator or any USW employee Keep the information confidential from peers, coaches and faculty Responsible Employee Follow your duty to report for all incidences of sexual misconduct or gender discrimination regardless if the offender is a student or colleague Explain that you will need to relay the information Offer non-judgmental support Take the victim to the Title IX Coordinator Report what you were told to the Title IX Coordinator within 24 hours Maintain confidentiality Whether you are a victim, witness or informed party or a responsible employee, it is important to know each person’s role in response to an incidence of sexual misconduct.

18 How Do I Report? There are 3 ways you can make an official report:
File in person with the Title IX Coordinator in FAS-116 File via with the Title IX Coordinator at Contact the Title IX Liaison or any USW employee for assistance File in person with the Title IX Coordinator File via through the Title IX Coordinator Contact the Title IX Liaison or any USW faculty or staff member for assistance

19 Complainant (Victim) Title IX Coordinator Sign too!

20 What Happens After I Report?
The Title IX Coordinator & Liaison will meet to review the complaint. Complainant (victim) and witnesses will be invited for interview to clarify the alleged offence. Respondent (alleged perpetrator) will be informed of the complaint and give an opportunity for refutation. An informal or formal investigation will take place: Informal procedures allow for a resolution between the complainant and the respondent through mediation. Formal procedures require a thorough and complete inquiry and adjudication before the Title IX Hearing Board

21 Reporting Concerns Bullying, intimidation or retaliation
In accordance with the Office of Civil Rights & Title IX, USW will not tolerate any form of retaliation against the complainant nor do we accept bullying or intimidation intent on quieting a victim. The incident happened off campus Even if the incident occurred off-campus, USW officials will still investigate the situation if the victim(s) or the accused or both are students on campus. Awkward encounters due to proximity Interim measures can be enacted to protect the complainant during and after the process of addressing a report until such time as the investigation is complete and a resolution has been determined. USW will not retaliate against someone filing a complaint, encourage or allow mediation of the complaint or discourage the complainant or victim from continuing his or her education. USW will be proactive in ensuring our campus is safe and free of sexual discrimination, and take immediate action to ensure a complainant or victim can continue his or her education free of ongoing sexual discrimination, sexual harassment, or sexual violence. In addition to conduct which occurs on University property or in connection with official University functions, USW has the discretion to exercise jurisdiction over a USW student’s off-campus sexual misconduct behavior, such as physical abuse, threats of violence, sexual harassment, and stalking behavior. USW can issue a no contact directive under Title IX to prevent the accused person from making any kind of contact with the complainant or victim.

22 What Can I Do As a Bystander?
If you witness an incident of sexual misconduct, YOU have the ability to… Begin changing cultural norms and acceptance of sexual harassment and violence. Influence others around you to feel responsible and competent in intervening. Be a role model for helping others. Edmund Burke, Irish born statesman, orator, and political thinker is credited with stating: “The only thing necessary for the triumph of evil is for good men to do nothing.” If you witness an incident of sexual misconduct, you have an obligation as a responsible employee to report your observations to the Title IX Coordinator and support the institutional goals of respect, support and safety. What YOU do greatly impacts what students will do. Remember that failure to act can result in serious consequences. Notice the event Interpret it as a problem Take responsibility for acting Decide how to act Choose to act

23 Available Resources Office of Civil Rights, Department of Education web page National Sexual Assault Hotline – HOPE National Sexual Assault Online Hotline web page National Domestic Violence Hotline – National Resource Center on Domestic Violence – x5 There are resources available for you if you need assistance or simply want to learn more.

24 Mobile Resources Guardly Circle of 6 U of Nine Step in. Speak Up.
Circle of 6 is an app that allows you to connect with six of your contacts to stay close, stay safe, and prevent violence before it happens. Need help getting home? Need an interruption from an uncomfortable encounter? Two touches on your phone lets your circle know where you are an how they can help. U of Nine is a leading quiz-based training app that helps colleges and universities to educate students and employees about sexual violence, sexual harassment intimate partner violence, alcohol abuse, stalking, and more. The One Love DA app is designed to help those who are unsure whether or not they are experiencing or witnessing an unsafe, potentially violent relationship assess the danger. Hollaback! is a photoblog and grassroots initiative to raise awareness about and combat street harassment by posting photographs and narrative accounts of individuals' encounters with offenders. Locations of harassment are pinpointed so that other users know which areas pose a greater threat. Guardly is a free mobile application for smartphones that can help students and others faced with dating violence, abusive relationships or a simple desire to feel safe when walking alone at night. Guardly empowers its users by providing one-touch access to their personal safety network. Simply launching Guardly on a smartphone will instantly identify a user's location and alert family, friends as well as campus security (across the United States) that they are having an emergency. With one more tap, you can escalate your situation to 911 authorities. Step In. Speak Up. provides students with resources and contact information they can refer to when faced with sexual assault, dating violence, and stalking.  Step in. Speak Up. hollaback! One Love DA

25 Scenarios Time to put your knowledge to good use!
What should you do in these situations?

26 Scenario #1 A student comes into your office and says that she/he has something to tell you but you cannot tell anyone else. What do you do? Answer: When in doubt, report! If an incident took place that is reportable under Title IX, you MUST report it to the Title IX Coordinator. Stop the student before they go further and explain that you cannot ensure confidentiality because you are required to report the incident.

27 Scenario #2 You overhear a female student say that, after weeks of pressuring, she went out on a date with a male student off-campus. He supplied her with alcohol until she consented to have sex. What should you do with this information? Answer: Even though the incident happened off campus, you are still obligated to keep students safe. Report the incident to your Title IX Coordinator rather than question the student yourself. He/she will consult with Campus Security for appropriate follow-up with law enforcement.

28 Scenario #3 A student is pregnant and misses class, assignments, and tests due to doctor’s appointments and pregnancy complications. The instructor asks the student to withdraw and complete the course at a later date rather than give her a failing grade. Is this an appropriate response? Answer: Under Title IX, pregnant and parenting students must not be discriminated against. The instructor must accommodate the student’s absences and allow her to make up missed work.

29 Pregnant and/or Parenting Students
Students must be afforded the opportunity to make up missed work, including assignments and participation points awarded for attendance when absent for valid pregnancy-related or parenting excuses. Male students and same-sex partners of pregnant students should be excused as needed to support their partners who are experiencing pregnancy-related complications or childbirth. You may need to make adjustments that are reasonable and responsive to the student’s temporary pregnancy status. A student who discloses that she is having complications that require medical intervention must be referred to the Director of Student Services, Dr. Mary Harris. The OCR clarified that Title IX requires a school to excuse absences due to pregnancy or related conditions, including recovery from childbirth, for as long as the student’s doctor deems the absences medically necessary. When the student returns to school, she must be allowed to return to the same status as before her medical leave began. To accomplish this, the student must be afforded the opportunity to make up any missed work, including assignments and participation points awarded for attendance. Male students and same-sex partners of pregnant students should be excused as needed to support their partners who are experiencing pregnancy-related complications or childbirth. To ensure a pregnant student’s access to classes, you may need to make adjustments that are reasonable and responsive to the student’s temporary pregnancy status, such as providing the student a larger desk or chair, allowing frequent trips to the bathroom, or permitting temporary access to elevators. A student who discloses that she is having complications that require medical intervention must be referred to the Director of Student Services, Dr. Mary Harris, to determine potential accommodation based on the temporary disability status.

30 Last But Not Least…

31 For Your Attention!


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